Key Takeaway: Comcast has asked the Federal Circuit to weigh in on how patent venue applies to method claims. The company’s recent mandamus petition challenges how the Eastern District of Texas applied the patent venue...more
The United States Patent and Trademark Office (USPTO) has published proposed regulations that would fundamentally transform the inter partes review (IPR) landscape, potentially eliminating IPR as a viable option for many...more
As of October 2025, United States Patent and Trademark Office (USPTO) Director John A. Squires has reclaimed authority to decide all patent review institution proceedings. This responsibility was previously delegated to...more
Future Link Sys., LLC v. Realtek Semiconductor Corp., No. 23-1056 (Fed. Cir. 2025) - The Federal Circuit’s recent decision in Future Link Systems, LLC v. Realtek Semiconductor Corp. highlights two important issues in patent...more
A recent filing by the U.S. government in a pending Eastern District of Texas litigation signals a renewed interest by the current administration in potentially reviving the ability for non-practicing entities (“NPE”) to...more
Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as...more
Almost two decades ago the Supreme Court handed down what has turned out to be one of its most significant patent decisions of this century: eBay v. MercExchange. The eBay case has had the effect of precluding prevailing...more
In a recent patent case, the U.S. government urged a Texas federal court to give greater weight to the difficulty of calculating damages as a basis for finding irreparable harm. If embraced by courts, the move could give...more
In an unusual move, the U.S. Department of Justice and U.S. Patent and Trademark Office submitted a “Statement of Interest” this week in a pending patent case in the Eastern District of Texas—sharing “views” on whether...more
In a bold and unusual move, the DOJ’s Antitrust Division and the USPTO have jointly filed a Statement of Interest in a patent case – not before the Supreme Court or Federal Circuit, but in a district court in East Texas. The...more
2023 was a calm year for the International Trade Commission (“ITC”) with no revisions to the USITC Rules & Procedures.1 And while the number of Section 337 complaints filed experienced a three-year low, administrative law...more
Nonpracticing entities have been increasingly active at the U.S. International Trade Commission in recent years, bringing a record 32% of Section 337 Investigations in 2022. In a sense, the rise of NPEs at the ITC was by...more
This article originally ran in Law360 on February 10, 2023. All rights reserved. Patent litigation brought by nonpracticing entities, or NPEs, has seen exponential growth. These cases are often filed against large retailers...more
Most nonpracticing entities are private firms owned by patent attorneys, investors, or a combination of the two. In other cases, NPEs do everything they can to obscure the identify of the true owner. And in virtually all...more
VirnetX is a classic example of an NPE that does not qualify as a “patent troll.” How can you tell? Patent trolls leverage the litigation system to negotiate settlements for less than the cost of defending against a lawsuit....more
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Web 2.0 Technologies, LLC....more
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Traxcell Technologies, LLC....more
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will update our previous post explaining recent events at...more
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named InvesTrex, LLC....more
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on NPE litigation as a whole, and what to...more
On August 17, 2022, Chief Judge Colm F. Connolly of the District of Delaware issued an order in which he questioned the sufficiency of the plaintiff’s disclosure of financially interested parties in Longbeam Technologies LLC....more
The US government promotes policies that protect IP rights. Patents and copyrights, for example, are so core to US policy that they are expressly discussed in article I of the US Constitution. And the US judiciary has long...more
The first that many companies hear about patent litigation filed by a non-practicing entity (“NPE”) is when they receive a complaint initiating litigation. And the chances of being on the receiving end of NPE litigation are...more
A question that arises with some frequency in modern patent infringement cases is: Can pre-suit damages be recovered for a time period when the patentee (and any licensee) was in compliance with the marking statute when there...more